Court No. - 39
Case :- WRIT - C No. - 10185 of 2021 Petitioner :- Arun Kumar Mishra Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Suresh Kumar Verma Counsel for Respondent :- C.S.C.,Kamal Krishna Roy
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Akhilesh Kumar Tiwari holding brief of Sri K.K. Roy, learned counsel for the respondent nos.4 and 5.
The challenge is to the order dated 04.11.2020 whereby the allotment of shop No. 25 made in the name of the petitioner has been cancelled noticing that though an application dated 06.11.2019 had been moved by the petitioner for renewal of the lease but steps for renewal had not been taken till date.
The order impugned further records that the petitioner was allotted the shop in question in an auction held in the year 2006. The period of lease, as per the allotment letter commenced from 28.11.2006 and was valid till 29.11.2016. The lease has not been renewed after 29.11.2016. Further, after allotment of the shop in question on 28.11.2006, the petitioner had kept on delaying the registration of the agreement. The stamp for the registration of the agreement was provided only in the year, 2010 and the lease deed thus, had been registered on 10.05.2010.
The bid amount was also finally deposited by the petitioner vide receipt dated 10.05.2010. It is, thus, recorded in the order impugned that though the petitioner got the possession of the shop in question on the date of allotment i.e. 28.11.2006 and had deposited the rent from December, 2006 till April, 2010, but deliberately delayed the execution of the agreement for a period of more than four years.
Learned counsel for the petitioner submits that since the agreement had been registered in the year, 2010, the period of ten years of lease mentioned therein would have expired in the year, 2020. There is clause for renewal in the lease agreement and hence it is the obligation of the Zila Panchayat to consider the renewal application. He further submits that Writ-C No.37340 of 2019 has been filed by the petitioner seeking a prayer for a direction to the respondent- Zila Panchayat to make renewal of the lease and the same is pending consideration.
It is, thus, argued that the act of the respondent in cancellation of the allotment of the shop in question is arbitrary and unreasonable.
Sri Akhilesh Kumar Tiwari learned Advocate appearing on behalf of respondent nos.4 and 5, however, states that the petitioner had filed three writ petitions relating to the dispute in question but has not disclosed the details of each previous writ petition.
Further the contention of the learned counsel for the petitioner that the period of ten years would commence from the date of agreement is wrong for the undisputed fact regarding delivery of possession on the date of allotment.
Having carefully read the order impugned, it is evident that the auction of the shop in question and allotment was made in the year 2006. There is no dispute that the possession of the shop in question had also been given to the petitioner on the date of allotment itself i.e. 28.11.2006 and he remained in possession of the shop in question since the date of allotment. The period of ten years of lease, therefore, stood expired in the year 2016 i.e. on 29.11.2016. The proper course of action for the petitioner was to seek renewal at the relevant point of time, rather making application for renewal with a view to delay the matter on the premise that the lease agreement was registered in the year, 2010.
The period of ten years of lease as sought to be reckoned from the date of the registration of the lease deed is based on misconception.
The lease having been expired on 29.11.2016, no infirmity could be found in the decision of the respondent in cancellation of allotment on the ground that the petitioner had retained the shop in question beyond the period of lease on one or other pretext.
The writ petition is, thus, found devoid of merit and is dismissed.
Order Date :- 12.8.2021 Radhika